Dallas DeLuca

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Dallas DeLuca represents businesses, government entities, and individuals in commercial litigation. He has successfully resolved disputes, both in and out of court, for his clients concerning LLC member liability and membership agreements, trade secrets, long-term power supply contracts, patent licenses, legal malpractice claims, loan guarantor obligations, website development and hosting contracts, and manufacturing and distribution contracts. Dallas represented the Oregon Attorney General, the State of Oregon, and Cover Oregon in their litigation against Oracle, the second-largest software company in the world, in multiple cases concerning the Oregon health insurance exchange website. Dallas played a central role in all of the cases, including briefing and arguing dispositive motions, managing the litigation teams, and defending key depositions.

Dallas’ business experience helps him understand client problems and goals. Before entering law school, Dallas worked for eight years as an export marketing consultant for the International Trade Administration and as the director of operations for the North and Central American apparel sourcing office for Gap Inc. At Gap Inc., Dallas gained experience in supply chain management, apparel and fabric manufacturing and sourcing, and contract negotiation. He understands the competing pressures that businesses face from cash management, customers, suppliers, owners, employees and management, and that background helps him craft litigation and settlement strategies to meet client needs. Dallas’ background in sourcing and supply chain issues helped him understand a processed-food client’s business needs in litigation concerning an alleged breach of a multi-year supply contract; the jury returned a defense verdict for our client.

In March of 2014, Dallas was recognized as a Rising Litigator by the Oregon State Bar’s Litigation Section and honored at the Section’s Litigation Institute & Retreat. He was recognized as a Rising Star by Oregon Super Lawyers magazine for seven years, a 2019 Best Lawyer by Best Lawyers in America, and in 2009 he was honored by the Multnomah Bar Association as the Rookie of the Year.

Dallas volunteered at the Multnomah County District Attorney’s office for the month of January 2013, where he prosecuted misdemeanor crimes. He has represented pro bono clients before administrative law judges and the Oregon Court of Appeals for claims for unemployment insurance benefits. Dallas also volunteers for fundraising for the Richmond Elementary School Foundation.

Dallas graduated magna cum laude from New York University School of Law, where he was an editor for the Environmental Law Journal and was elected to the Order of the Coif. Earlier, he earned a Master of International Affairs Degree and a Bachelor of Arts Degree from Columbia University. After practicing complex federal civil litigation at the New York City office of Cleary, Gottlieb, Steen & Hamilton, Dallas moved to Oregon in 2006 to serve as a judicial clerk to Oregon Supreme Court Justice Thomas A. Balmer, before joining Markowitz Herbold in 2008.

Admitted to Practice

Thornton v. Employment Department

Represented unemployment insurance benefits applicant at hearing before an administrative law judge (ALJ). The Employment Department, based on written representations from the former employer, had denied benefits to applicant. Markowitz Herbold represented the applicant after receiving the referral from Legal Aid Services of Oregon. After the hearing, the ALJ reversed the Employment Department’s initial denial and awarded benefits to the applicant. Markowitz Herbold also represented the applicant in a penalty wage claim against the former employer and achieved a settlement for the applicant.

Oracle America, Inc. v. Governor Kate Brown

Successfully defended the Office of the Governor against claims for violations of the Oregon Public Records Laws. The court granted our motions to dismiss, to strike, and for summary judgment and dismissed plaintiff’s case, making new law in Oregon in the public records arena.

Jackson et al. v. Portland General Electric

Represented PGE against claims to compel PGE into arbitration to determine the monthly rent to be paid to certain members of the Confederated Tribes of the Warm Springs Reservation for the nearly 50-year renewal of an easement necessary to the operation of a federally licensed hydroelectric project. Court granted PGE’s summary judgment motion to dismiss all claims. Settled pending appeal.

DG Cogen Partners, LLC et al. v. Large Regional Law Firm

Markowitz Herbold successfully defeated all legal malpractice claims against its client in the United States District Court for the District of Oregon. Plaintiff alleged that it suffered $60 million in damages when an arbitrator enforced an oral, unsigned settlement agreement which led to the dismissal of Lanham Act, warranty, contract, and tort claims in California. Judge Hernandez dismissed the legal malpractice claim with prejudice on all counts, ruling that the claims had no merit because plaintiff could not prove causation as a matter of law.

Digimarc Corporation v. IV Digital Multimedia Inventions, LLC, et al.

Represented Digimarc Corporation in an arbitration concerning disputes relating to calculation of potential profit sharing payments under Digimarc’s patent license with licensee Intellectual Ventures. The parties resolved all matters pending in the arbitration. The terms of the settlement are confidential.

Rosenblum, et al. v. Oracle America, Inc., et al.

Represented the State, Cover Oregon, and the Oregon Attorney General in their claims for breach of contract, fraud, racketeering, and violations of state false claims act against California software and technology company arising from the failure of the Oregon health insurance exchange website. The case settled successfully in September 2016.

State of Oregon v. Oracle America Inc., et. al.

Represented State against Oracle in claim to enforce promise to renew contract to host Oregon’s Medicaid enrollment system on Oracle’s managed cloud. Prevailed in a two-day preliminary injunction hearing and obtained one-year injunction requiring Oracle to renew its contract with the State to allow the State sufficient time to transition to new system.

Skylar Haley LP v. Meduri Farms, Inc.

Defended against federal lawsuit seeking $19.5 million for eight claims including breach of contract, misappropriation of trade secrets, unfair competition, and breach of fiduciary duty, regarding dried fruit manufacturing. Four claims voluntarily dismissed and three more dismissed on summary judgment. Damages claim reduced to under $2 million at pre-trial motions. A unanimous federal jury returned a verdict of $0, finding in client's favor on the remaining breach of contract claim. Client awarded costs and judgment in its favor.

Butler v. Employment Department

Represented unemployment insurance benefits applicant on petition for judicial review to the Oregon Court of Appeals. An administrative law judge (ALJ) awarded applicant benefits after hearing, but the Employment Appeals Board (EAB) reversed the ALJ. After receiving the pro bono referral from Legal Aid Services of Oregon, Markowitz Herbold halted the Employment Department’s efforts to collect benefits already paid to the applicant. Then, after filing the opening brief to the Court of Appeals, the EAB withdrew its opinion and reversed itself, re-instating benefits to applicant.

Jurgensen v. Employment Department

Represented unemployment insurance benefits applicant at hearing before an administrative law judge (ALJ). The employer challenged the Employment Department’s award of benefits to applicant. After receiving the pro bono referral from Legal Aid Services of Oregon, Markowitz Herbold represented applicant at the ALJ hearing. After the hearing, the ALJ affirmed the Employment Department and awarded benefits to applicant.

Christie v. Employment Department

Represented unemployment insurance benefits applicant on petition for judicial review to the Oregon Court of Appeals and on remand to an Administrative Law Judge (ALJ). An ALJ had denied applicant benefits after a hearing and the Employment Appeals Board (EAB) affirmed without an opinion. After receiving the pro bono referral from Legal Aid Services of Oregon, Dallas DeLuca filed the opening brief to the Court of Appeals and the EAB withdrew its opinion and remanded to the ALJ for further hearings. The ALJ again denied benefits, but the EAB reversed in a written opinion based on new evidence introduced at the second ALJ hearing.

Digimarc Corporation v. Verance Corporation

Represented Digimarc and asserted breach of contract claim in federal court against Verance related to Verance's alleged failure to make payments under a patent license agreement. Successfully opposed defendant’s motion to compel arbitration and defendant’s motion for partial summary judgment. After the court granted, in part, client’s motion for partial summary judgment and while a second motion for summary judgment in favor of Digimarc was pending, successfully settled the case with Verance agreeing to pay Digimarc $8 million for amounts due under the patent license plus continuing royalties.

Markowitz Herbold attorney Dallas DeLuca invites you to join a debate about the proper scope of environmental review for the five proposed coal export terminals in Washington and Oregon. Brett VandenHeuvel of Columbia Riverkeeper will argue for an area-wide review and Greg Peden of the Coalition for Jobs & Growth will argue for a facility-by-facility review.